OPERATION STREAMLINE June 17, 2019
Magistrate Judge Leslie A. Bowman, Federal Prosecutor Lewis, 16 defense attorneys, 3 US. Marshals, 2 interpreters, a Mexican Consulate Rep and a few other court personnel.
There were 75 migrants on the docket today including 4 women—all arrested during the past 3 days. About 20 migrants were in the courtroom at any one time, all in
5-point shackles—no belts, no shoelaces.
29 were charged with the misdemeanor of Illegal Entry (1325) and 46 had the additional felony charge of Illegal Re-entry after Removal (1326). 46 people were arrested on the day they entered Arizona and 26 people spent a total of 71 days in our desert before arrest. This judge does not give information on where migrants are from or where along the border they were arrested.
3 people were dismissed because they spoke Mam and K’iche and their charges did not warrant finding an interpreter.
The 29 migrants charged only with 1325 were all sentenced to ‘time served’. Those from Mexico were on their way to Nogales as court was ending. Those from Central America are held in a detention center until there are enough to fill a charter plane to Guatemala/Honduras.
No CFI/asylum requests put on the record.
Francisco Ortega Munoz 19-30219MP (Atty Fernanda Munoz withdrew his request for a CFI.
Manuel Cano Camposeco 19-30190MP (Atty Margarita Bernal) and Delfino Cano Herrera 19-30197 (Atty Patrick Doyle) are father and son and requested to be deported together. Judge B. said she would recommend that but did not have the final decision.
44 people charged with the felony of 1326 had the felony dismissed in a plea bargain and were sentenced to 2130 days of incarceration in a federal prison (27X30, 1X60, 12X75, 2X105, 1X150).
2 lawyers put an indigenous language on the record, Luis Antonino Roblero Hernandez 19-30206M had his right arm in a sling which was not explained.
Observers; There were two groups of students with teachers. One group left early and the other group of 12 are from Santa Clara University in San Jose doing an immersion program at BorderLinks.
Judge Bowman came to talk to us after court. She responded to many good questions about the history and functioning of OS as well as some existential questions.
Does punishment work as a deterrent when someone has a family or citizen children here or fears for safety or food insecurity.
She talked of OS as it was when she became an OS judge 8 years ago. No one was shackled and you would pass groups of migrants in the halls. No one ever had a problem. Later after shackling was started the 9th circuit banned it in the courtroom (due process, presumption of innocence) and there was a year (2017-2018) when there had to be as many Marshals in court as unshackled prisoners—plus one (this resulted in prisoners taken to the courtroom 7 at a time unshackled with 8 security present). After a year SCOTUS sent the case back and different regions decided on shackles. Judge B was on the committee and said it was very contentious with some judges wanting shackles always and some (like her) wanting no shackles. Shackling won though most Tucson judges voted against it and now is required when there is more than one defendant in the courtroom.
Judge B. was asked about dismissals. She spoke of a Popti speaker who was continued for an interpreter. Often these interpreters are using a telephone to do the interview and in this case with poor reception the interpreter was trying to explain in Popti, concepts of the Streamline court proceedings. It turned out that the interpreter was using the wrong dialect of Popti and the case was dismissed rather that try to find another interpreter.
Recently, I believe the judges were directed not to look for interpreters unless the charges were relatively serious. This may allow cases to be dismissed without a criminal record but also it may miss appeals for asylum.